Legal Opinion

Lau v. Margaret E. Pescatore Parking, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 18, 2013PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Judith J. Gische, J.), entered August 10, 2012, which, in this personal injury action, granted defendants’ motion to vacate the note of issue, and directed that plaintiff appear for a further deposition and provide additional outstanding discovery, unanimously affirmed, without costs.

*595The motion court providently exercised its discretion in striking the note of issue and reopening discovery upon defendants’ showing that there were several items of discovery still outstanding (see Nielsen v New York State Dormitory Auth., 84 AD3d 519, 520 [1st Dept 2011]).…

2Cases cited3 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
  3. Nielsen v. New York State Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. Zupnick v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2019

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